Annai Theresa Kalludaikulam Magalir Nala Munnetra Sangam v. The District Collector
WP(MD)/5975/2026 · 2026-03-05
D Bharatha Chakravarthy
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 23357 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23357 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:MHC:1065 W.P(MD)No.5975 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.03.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.5975 of 2026 Annai Therasa Kalludaikkum Magalir Nala Munnetra Sangam,(Reg.No.28/2002) Rep by its Secretary, Tmt.Suseela, No.62/8, Kallar Palli Street, Kamayagoundanpatty625 521 Uthamapalayam Taluk, Theni District. ... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Assistant Director, Geology and Mines Department, Room No.51, 2nd Floor, District Collectorate Complex, Theni.
...Respondents Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent “to raise / withdraw the order dated 02.09.2025 ie., to raise/withdraw the order of Interim suspension of quarrying operations and stoppage of transport 1 https://www.mhc.tn.gov.in/judis
W.P(MD)No.5975 of 2026 permits, considering the representation dated 17.11.2025 of the petitioner – Sangam within a time limit to be fixed by this Court. For Petitioner :Mr.T.Thirumoorthy For R1 to R3 :Mr.M.Lingadurai, Special Government Pleader
ORDER This writ petition is filed for a Mandamus to raise or withdraw the
order dated 02.09.2025 thereby ordering interim suspension of quarrying operations and stoppage of transport permits by considering the representation of the petitioner Sangam. 2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner Sangam is that they are a self help group, the women are involved the quarrying operations. They chip off the rocks and quarry the mineral and make gravel and other landfills etc., and that is how the quarry is operated. When that is given with an avowed purpose of providing employment opportunities to the self help groups, particularly women, merely because a murder had happened, the quarrying operations is now suspended. It is the duty of the State to ensure law and order and that cannot be a ground to divest the livelihood of the petitioners. The suspension happened on 07.11.2025 and till date, nothing has proceeded further. Therefore, the suspension has to be revoked and 2 https://www.mhc.tn.gov.in/judis
W.P(MD)No.5975 of 2026 immediately the quarrying operations have to commence, the present writ petition has been filed. 3.Per Contra, the learned Special Government Pleader appearing on behalf of the respondents would submit that the murder in the instant case happened because when six different groups have been given the permit to quarry, by way of cut-throat competition, they employed heavy machineries and explosives were used to quarry and there was also sub-lease. Only with reference thereto, when the other groups started admonishing the erring ones, it led to enmity and ultimately there is a murder. The Police Department opines that there are likelihood of further deterioration of law and order and there may be retaliatory attacks also. Under the circumstances enquiry is also being conducted as to the other violations also. In this case, the Superintendant of police, who is not made as a party, has given a request to the District Collector not to commence the operations as it may lead to the deterioration of the law and order situation in the village. 4.I have Considered the rival submissions made on either side and perused the material records of the case. 5.With reference to law and order situation, it is true that when a 3 https://www.mhc.tn.gov.in/judis
W.P(MD)No.5975 of 2026 murder takes place with reference to the quarrying business, there was nothing wrong and immediately suspending the same.
But the same cannot be eternally continued citing the law and order, it is for the authorities to take control of the situation and improve the situation and prevent any further crimes. Apart from the same, the impugned order also categorically states that there has been use of heavy machineries and explosives and sub leasing in respect of the field. In respect thereof, the subsequent reports of the Tahsildar is also silent. Let an enquiry be conducted by the 1st respondent, District Collector, Theni, and if the allegations are true and if the same is in violation of the quarrying condition, appropriate action should be taken in accordance with law, the license cannot be eternally kept under suspension. Therefore, the first respondent shall conduct an inquiry with reference to the violations mentioned in the suspension order that is: (i)Whether any heavy machinery was used in violation of the quarrying conditions; (ii)Whether explosives were used and whether it was in violation of the quarrying conditions; (iii)Whether there was any sub-lease or whether the self help Group alone was doing the work. 6.Depending on his enquiry, let further orders be passed. Let the 4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.5975 of 2026 inquiry be conducted as expeditiously as possible and final orders be passed within a period of two months from the date of receipt of the web copy of the order. It is made clear that the suspension cannot be prolonged eternally. With the above observation, since the impugned order is only suspending operation in view of the law and order situation and the violence complained, the same cannot be set aside. However, it is made clear that there cannot be prolonged suspension unless the charges against the licensees are proved. Needless to mention that the licensees of the quarry and the any other person interested shall also be heard during the enquiry. 7.With the above observations, this Writ Petition stands disposed of.
Since it is mentioned that the women folks are involved in the avocation, the district administration shall consider providing them alternative livelihood by involving them in Kudimaramathu, planting of trees etc, which will be more environmental friendly. No costs. 05.03.2026 NCC:Yes/No Ns D.BHARATHA CHAKRAVARTHY, J. 5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.5975 of 2026 Ns To 1.The District Collector, Theni District, Theni. 2.The Assistant Director, Geology and Mines Department, Room No.51, 2nd Floor, District Collectorate Complex, Theni. W.P(MD)No.5975 of 2026 05.03.2026 6 https://www.mhc.tn.gov.in/judis